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HomeMy WebLinkAboutNCS000559_FINAL PERMIT_20180201STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. ,{ ��! `u 0 S� DOC TYPE ❑FINAL PERMIT ❑ ANNUAL REPORT . ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ e YYYYMMDD STATE of NORTH CAROLINA DEPARTMENT of ENVIRONIN7ENTAL QUALITY DIVISION OF ENERGY, i11INERAL, AND LAND RESOURCES PERMIT NO. NCS000559 TO DISCHARGE STORNIWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina ]:nvironmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Clayton is hereby authorized to discharge stormwater from their municipal separate storm sewer syslcm located: Within the Town of Clayton's jurisdictional area Johnston County to receiving waters of the State, Big Arm Creek, Littic Creek, Marks Creek, and Neuse River, within the Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and Other conditions set forth in Parts I, if, III, IV, V, V1, VII and Vill hereof. This permit shall become effective February 1, 2019. This permit and the authorization to discharge shall expire at midnight on January 31, 2021 Signed this day January 23, 201 & Original Signed by Robert D. Patterson fvr William E. Toby Vinson, .Ir., P.L;., CPESC, CPM Division of Energy, Mineral, and Land Resources By the Authority cif the Environmental Management Commission PI RMiT NO. NCS000559 TABLE OF CONTENTS PART 1 PERMIT COVERAGE PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B. PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICI"I' DISCHARGE DE'I'EC'I'ION AND ELIMINATION (11)DE) SECTION E: CONSTRUCTION SITE; RUNOFF CONTROLS SECTION I:: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS SECTION II: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION I: ELECTRONIC REPORTING Ol� REPORTS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: INSPECTION, L""•NTRY AND AVAILA131LITY OF REPORTS PART VI LIMITATIONS RL•OPI:NER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS PLRMiT NO, NCS000559 PART 1 PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the Town of Clayton is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Big Arm Creek, Little Creek, Marks Creek, and Neuse River, within the Neuse River Basin. Such discharge will be controlled, limited and monitored in accordance with this permit and the permittee's Storin water Quality Management Program, herein referred to as the Stormwater Plan, The Storimvater Plan shall detail the permittee's stormwater management program for the five-year term of the stonmwater permit, for each measure identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the Implementation schedule, funding and the responsible person or position for implementation. B. All discharges authorized herein shall be managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. C. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D, This permit covers activities associated with the discharge of stormwater from the MS4 within the corporate limits of the permittee_ The permit applies to the corporate limits of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee- Agreements for coverage Under this permit shall be approved by the Division of Energy. Mineral and Land Resources, hercin r-cferTed to as the Division. E. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit far specific entities. F. All provisions contained and referenced in the Stormwater Plan along witli all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stornnvatcr Plan in accordance with Section 402(p)(3)(B)(111) of the Clean Water Act. The purpose of the Stormwater Plan is to describe the means that the permittee will use to comply with the permit and Nwith file provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CPR § 122.34(b) and with the requirements of this permit constitute compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to file MEll. Part 1 Page 1 of 2 PERM IT NO. NCS000559 H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition. discharges of non-storrwater are also authorized through the MS4 of the pertnittee if such discharges are: i . Permitted by, and in compliance with, another permit, authorization, or approval, including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or 2. Have not been determined to be significant sources of pollutants to the MS4 and may include: • water line and fire hydrant flushing, • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from uncontaminated potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • individual residential and charity car washing; • flows from riparian habitats and wetlands; • dcchlorinated swimming pool discharges; • street wash water; • flows from fire fighting activities: and • splash pad (spray ground) water from potable water source only: 3. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan if it has been documented that the non- storniwater flow has been determined to be a significant impact. 1. Unless odiciivise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part 1 Page 2 of 2 PLRM IT NO, NCS000559 PART II FINAL LIMITATIONS AND CONTROLS FOR PER1%1ITT1,,1) DISCHARGES SECTION A: PROGRAM IMPLEMENTATiON The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the maximum extent practical the discharge of pollutants front its municipal storm sewer system associated with storinwater runoff and illicit discharges, including spills and illegal dumping. The overall program implementation however, will be subject to, at a minimum, either 1) an annual review by the Division to determine implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process that has been approved by the Division and is at least as stringent as the annual review described herein. Voluntary assessments, quell as the MSb Program cSLablished by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners may be conducted by the local government, another local government with and NPDpS MS4 permit, or an independent third party and shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas: The permittce will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan shall identify a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Responsibilities for all cornponcnts of the Plan shall be documented and position(s) assignments provided. 2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance and effectiveness of the program components at least annually. Results will be used by the permittee to modify the program components as necessary to accomplish the intent of the Stormwater Program. If the permittee implements the six minimum control measures and the discharges arc determined to cause or contribute to non -attainment of all applicable water quality standard, to address the non -attainment, the permittce shall expand or better tailor its 13.MPs within the scope of the six minimum control measures. The pennittec is required to keep the Stormwater Plan up to date. Where the permittce detcnnines, or is informed by the Division that modifications arc needed to address any procedural, protocol, or programmatic change, such changes shall be made as soon as practicable, but not later than 90 days, unless an extension is approved by the Division. When it notifies the Division of proposed modifications, the permittce will include in explanation and justification of the proposed changes. The permittce shall provide at least 30 days for the Division to provide feedback on proposed modifications_ Major modifications to the Stormwater Plan shall not lake effect until approved by the Division. 4. `file permittee is required to make available its Stormwater flan to the Division upon request. The permittce is required to keep an up-to-date version of its Slornnvater Plan available to [lie Division and the public online. At a minimum, the online materials shall include ordinances, or other regulatory mechanisms. or a list identifying the ordinances, or other regulatory nice hall isills. providing the legal authority necessary to implement and enforce the requirements of the permit. The Division may review reports submitted by the permittce to assure that the Stormwater Plan is implemented appropriately to address the requirements of the permit. The Division may require modifications to any part of the pertnittee's Stormwater Plan where deficiencies are found. if modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the Part lI Page 1 of 18 PERM IT NO. NCS000559 need to modify the Stormwater Plan to be consistent with the permit and will establish a deadline to finalize such changes to the program. The permittee may provide feedback and propose alternative options to the requested modifications. Both the Division and permittee shall each provide at least 30 days to provide feedback on such modifications. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the responsibility to implement the minimum control measures with other entities provided: a. The other entity, in fact, implements the control measure; b. The control measure, or component thereof, is at least as stringent as the corresponding NPDE-"S permit requirement; and c. The other entity agrees to implement the control measure on behalroftile MS4. Unless implemented by the State or where delegated by the state; the permittee remains responsible for compliance if the other entity fails to perform the permit obligation and may be subject to enforcement action if neither the permittee nor the other entity fully performs the permit obligation. The Pertnittee shall maintain, and make available to the Division upon request, written procedures for implementing the six minimum control measures. Written procedures shall identify specific action steps, schedules, resources and responsibilities for implementing the six minimum treasures. Written procedures can be free standing, or where appropriate, integrated into the Storm Water Management Plan. Part II Page 2 of 18 PI-RMiT NO. NCS000559 SECTION B: PUBLIC EDUCATION AND OUTREACH Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities addressing impacts of storm water discharges on water bodies and the steps the Public can take to reduce pollutants in storm water runoff. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Lducation and Outreach Program and shall notify the Division prior to modification of any goals. BNIP Measurable Goals a. Goals and Objectives Defined goals and objectives of the Local Public I-dUcation and Outreach Program based on community wide issues. b. Describe target pollutants The pennittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. c. Describe target audiences The permittee shall maintain a description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee-shall describe issues, such as pollutants, likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of storrilwater mnoff, in their education/outreach program. e. Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. f. Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups (ex.: schools, homeowners, and/or audiences and user groups. businesses). Instead of developing its own materials, the permittee may rely on Public Education and Outreach materials supplied by the state, and/or other entities through a cooperative agreement, as available, when implementing its own program. g. Maintain Hotline/1-felp line The permittee shall promote and maintain a stormwater hotline/helpline for the purpose of public education and outreach. li. Implement a Public Education The permittee's outreach program, including those CICImCntS and Outreach Program. implcmcnlcd locally or through a cooperative agreement shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the perrnittec shall estimate and record the extent of exposure. fart II Page 3 of i8 PERMIT NO. NCS000559 SECTION C: PUBLIC INVOLVEi IEN'I' A\I) PAR'I'ICIPATlO\ Objectives for Public Involvement and Participation Comply with State and local public notice requirements when implementing a public involvement and participation program. BAII's for Public Involvement and Participation The pennittee shall implement the I61lowing BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BNIP Measurable Goals a. Volunteer community The permittec shall include and promote volunteer opportunities involvement program designed to promote ongoing citizen participation. b. Mechanism for Public The pennittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the storntwater program, c. Flotline/Help line The permittee shall promote and maintain a hotlinelhelplinc for the purpose ol'public involvement and participation. Part 11 Page 4 of 18 PERMIT NO. NCS000559 SECTION D: ILLICiT DISCHARGE DETECTION AND ELiiMINATION (IDDE) I. Objectives for Illicit Discharge Detection and Elimination a. Implenicnt and enforce a program to detect and eliminate illicit discharges into the MS4. b. Maintain a storm sewer systern niap, showing the location of all major outfalls and the names and location of rill waters of the United States that receive discharges from those outfall s; C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges except as allowed in this permit and itnplemenrappropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm Nvater discharges, including illegal dumping, to the MS4; C. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste; and I'. Address the categories of non -storm water discharges or flows (i.e., illicit discharges) in Part 1+1 of this permit only if you identify them as significant contributors of pollutants to the MS4. 2. Bl\lPs for Illicit Discharge Detection and Elimination The permittce shall implement the following BM to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BM P . Measurable Goals a. Maintain adequate legal authorities The permittce shall annually review the permittee's IDDE ordinances or other regulatory mechanisms, or adopt any new ordinances or other regulatory mechanisms tliat provide the pernittec with adequate legal authority to prohibit illicit connections and discharges and enforce the approved IDDE Program. b. Maintain a Storm Sewer System The pennittec shall maintain a current map showing major Base Map of'Major Outfalls. outfalls and receiving streams c. Detect dry weather flows The permittee shall maintain a program for conducting dry weather flow field observations in accordance with a written procedure for detecting and removing the sources of illicit discharges. d. hivestigate sources of identified The permittee shall maintain, and evaluate annually written illicit discharges, procedures for conducting investigations of identified illicit discharges. e. Track and document investigations The permittee shall track all investigations and document the illicit discharges date(s) the illicit discharge was observed; the results of the investigation; any follow-up of the investigation; and the date the investigation was closed. Part It Page 5 of 18 PERMIT NO. NCS000559 i � �.. UE9c "�" .� .,.,, F. e a.�=" a - � aMeasurabWl —6als' .� f. Employee `training The permittee shall implement and document a training program for appropriate municipal staff who as part of their normal job responsibilities, may come into contact wish or otherwise observe an illicit discharge or illicit connection to the storm seNver system. g. Provide Public .Education The permittee shall inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. h. Public reporting mechanism The permittee shall promote, publicize, and facilitate a reporting mechanism for the public and staff to report illicit discharges and establish and implement citizen request response procedures. i. Enforcement The permittee shall implement a mechanism to track the issuance of notices of violation and enforcement actions as administered by the permittee. This mechanism shall include the ability to idcmi tv chronic violators for initiation of actions to reduce noncompliance. Part I I Page 6 of IS PERMIT NO. NCS000559 SECTION E: CONS'mucrlON SITE: RUNOFF CONTROLS Compliance with a delegated Sediment and Erosion Control Program effectively meets the maximum extent practicable (MEP) standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title I5A of the North Carolina Administrative Code. Pursuant to 40 CFR 122.35(b) the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effbctively meets the MI -A) standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title l5A ofthc North Carolina Administrative Code. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the Slate effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. Pursuant to 40 CI-R 122.35(b), the periniucc may rely on a delegated Sediment and Erosion Control Program to comply with this minimum measure. 'rile delegated Sediment and Erosion Control Program effectively meets the Ml--l' standard for Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan ol'development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The delegated Sediment and Erosion Control Program continues to be monitored by the. State to ensure the County effectively meets the M EP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The NCGO10000 permit, as administered by the State, establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittce shall provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittce may implement a plan promoting the existence of the North Carolina Department of Environmental Quality (NCDL-Q or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline (1-800-STOPMUD) to meet the requirements of this paragraph. Part II Page 7 of 18 PERMIT NO. NCS000559 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS Objectives for Post -Construction Site Runoff Controls a. lmplenient and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. b. Implement strategies which include a combination of Structural Stormwater Control Measures (SCM) and/or non-structural SCMs appropriate for the community, C. Use an ordinance or other regulatory mechanism to address post -construction runoff from new development and redevelopment projects; and d. Ensure adequate long-term inspection and maintenance of SCMs. 2. BNIPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stornrvater Management Program. To the extent there is any conflict between this permit and the post -construction ordinances adopted by the permittee as approved by the Division, the post -construction ordinances shall apply to permit compliance. casurable Goals F a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism, adequate legal authorities designed to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Management program. The permittee shall have the authority to review designs and proposals for new development and redevelopment to detenmine whether adequate stormwater control measures will be installed, implemented, and maintained The permittee shall have the authority to request information such as stormwater plans, inspection reports, monitoring results, and other infonnation deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee shall have the authority to enter private property for inspections at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance the Post - Construction Stormwater Management Program. Part 11 Page 8 of 18 PERMIT NO. NCS000559 BMP Measurable Coals b. Strategies which include Maintain strategies that include a combination of structural Stormwater Control Measures and/or non-structural SCMs implemented in concurrence (S(;Ms) appropriate for the MS4 with (a) above. Provide a mechanism to require long-term operation and rnaintcnancc of structural SCMs. Require annual inspection reports of permitted structural SCMs performed by a qualified professional. A qualified professional means an individual trained and/or certified in the design, operation, inspection and maintenance aspects of the 13M1's being inspected, for example, someone trained and cerlitied by NC Stale For BMP inspection & Maintenance. Within 12 months of the effective date of this permit, the permittee shall evaluate, and revise as needed, SCM requirements, to be at least as stringent as the minimum requirements in 15A NCAC 02H A000. C. Plan reviews The permittee shall conduct site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). The site plan review shall address how the project applicant meets the performance standards, and how the project will ensure long-term maintenance d. Inventory ofprojects with post- The permittee shall maintain an inventory of projects with construction structural stormwater post -construction structural stormwater control measures control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the perniittee's corporate limits that are covered by its post -construction ordinance requirements. e. Deed Restrictions and Protective The permittee shall provide mechanisms such as recorded Covenants deed restrictions and protective covenants that ensure development activities will maintain the pro.jcct consistent with approved plans. f. Provide a mechanism to require The perrniuce shall implement or require an inspection and long-term inspection and maintenance plan for the long-term operation of the SCMs maintenance of Stormwater Control required by the program. The inspection and maintenance Measures (SCMs). plan shall require the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Annual inspection ofpermitted structural SCMs shall be performed by a qualified professional. g. inspections To ensure that all stormwater control measures are being maintained pursuant to its maintenance agreement, the ermittee shall conduct and document inspections of each Part I I Page 9 of 18 PERMIT NO. NCS000559 prgject site covered under performance standards, at least one time during the permit terns. Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the perntittee's performance standards have been met. The permittee shall document and maintain records of inspection findings and enlorcement actions and make them available for review by the permitting authority. h, Educational materials and training The permittee shall make available through paper or for developers electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for developers. New materials may be developed by the permittee, or the permittee may use materials adopted from other- programs and adapted to the p&rnittee's new development and redevelopment program. i. Enforcement The permittee shall track the issuance ofnotices ofviolation and enforcement actions. This mechanism shall include the ability to identify chronic violators for initiation of actions to reduce noncompliance- 3. Post -construction Stormwater Runoff Controls for New Development a. To fulfill the post -construction minimum measure program requirement the per-tnittee may trse the Department's model ordinance, design its own post -construction practices that meet or exceed the rules found in 15A NCAC 02H A 000, or develop its own comprehensive watershed plan that is determined by the Department to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (I July 2003 Edition). The permittee shall meet the requirements of the past -construction program for construction projects that are performed by, or under contract for,.the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase If Stormwater Management Programs for post -construction. If the permittee decides to rely on another prograrn for compliance with these program areas for their own projects, they shall indicate in their Stormwater Management Plan that the permittee will fully comply with the requirements of the second party's past -construction programs. Pursuant to 15A NCAC 021-1 .1017(9): to the extent allowable under State law, additional requirements shall apply to projects draining to sensitive receiving waters. For areas draining to Nutrient Sensitive Waters (NSW), where the Department has approved a locally implemented NSW Stormwater Management Program that addresses post - Part I1 Page 10 of 18 PERMIT NO. NCS000559 construction runoff, the provisions of that program fulfills the MS4 post -construction requirement. The design volume of SCMs shalt account for the runoff at build out from all surfaces draining to the system. Drainage from off -site areas may be bypassed. e. Pursuant to 15A NCAC 021-1 .1001(1)(c), to fulfill the post -construction mrnintum measure requirement for linear transportation projects, including undertaken by an entity other than Noillt Carolina Department of Transportation (NCDOT), and are projects constructed to NCDOT standards that will be conveyed to the State upon completion, the permittee or regulated entity may use the Stormwater Hest Management Practices Toolbox (Version 2, April 2014), including any subsC+Wnt amcnd]nents and editions, developed by the NCDOT. This NCDOT Storniwater BMP Toolbox is available at: htt s://connect.ncdol. 7ov/resources/h dro/Paws/Hi hwa Storni\v3ter-Pro Tram.as x Part 11 Page I I of 19 PERMIT NO. NCS000559 SECTION G: POI.LUT10\ PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Implement an operation and maintenance program that includes a training; component and has the goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of tile Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals a. Inventory of municipally The pertnittee shall maintain, a current inventory of facilities and owned or operated facilities operations owned and operated by the permittee with the potential for generating polluted stortmvater runoff. Also maintain a current inventory of the MS4 system and municipally -owned structural SCMs. b. Inspection and Maintenance The pennittee shall maintain and implement, evaluate annually (1&M) for municipally owned and update as necessaryan Inspection and Maintenance (I&M) or operated facilities program for municipal owned and operated facilities with the potential for generating polluted stormwater runoff, The I&M program shall specify the frequency of inspections and routine maintenance requirements. c. Spill Response Procedures The permittee shall have written spill response procedures for municipally owned or operated facilities. d. Streets, roads, and public The permittee shall evaluate existing and new BMPs annually that parking lots maintenance reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots within their corporate limits. The permittee must evaluate the effectiveness of these BMPs based on cost and the estimated quantity of pollutants removed. e. Inspection and Maintenance The permittee shall maintain and implement an I&M program for (I&M) for municipally -owned the stomnvater sewer system including, catch basins and or maintained catch basins and conveyance systems that it owns and maintains. conveyance systems f. Identify structural stormwater The permittee shall maintain a current inventory of municipally - controls owned or operated structural stormwater controls installed for compliance with the permittee's post -construction ordinance. Part 11 Page 12 of 18 PEIRMIT NO. NCS000559 Qi,IP Measurable Coals g. E&M for municipally -owned or The permittee shall maintain and implement an I&M program for maintained structural ]nunlclpally-owned or maintained structural slormwater controls stormwater controls installed for compliance with the permittce's post -construction ordinance. The I&M program shall specify the frequency of inspections and routine maintenance requirements. The permittee shall inspect and maintain municipally -owned or maintained structural slormwater controls in accordance with the schedule developed by permittee. The permittee shall dOC[nnetlt inspections and maintenance of all municipally -owned or maintained structural storinwater controls. h. Pesticide, Herbicide and ]'he permittee shall require that contractors are properly trained Fertilizer Application and all permits, certifications, and other nlcasures for applicators Management. are followed. The permittee shall ensure municipal employees, as appropriate based on job classification, are trained and that applicable permits and certifications are maintained, and 1611ow to the MEP pleasures for applicators. i. Staff training The permittee shall implement an employee training program for municipal employees involved in implementing pollution prevention and good housekeeping practices. j. Prevent or Minimize The permittee shall describe and implement nlcasures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleanin g Part 11 Page 13 of 19 PERMIT NO. NCS000559 SECTION H. TOTAL. MAXil1 UM DAILY LOADS (1°MDL,$) Objective a. The permittee shall determine whether the MS4 discharges to receiving; waters within a TMDL watershed and identify the pollutant(s) of concern (POC). For all TMDLs with a NPDES MS4 regulated WLA assigned to the permittee, the permittee shall determine whether the POC have potential to occur in MS4 stormwater discharges. b. The permittee will utilize BMPs within the six minimum measures to address the permittee's assigned NPDES MS4 regulated stormtvater waste load allocation (WLA) identified in the approved TMDL to the maximum extent practicable and to the extent authorized by law, C. It subject to an approved TMDL with a, NPDES MS4 regulated WLA assigned to the permittee, the permittee will be considered in compliance with the TMDL if the permittee complies with the conditions of this permit, including developing and implementing appropriate BMPs within the six minimum measures to address the permittec's MS4s NPDES regulated WLA to the maximum extent practicable (MEP). While improved water duality is the expected outcome, the permittee's obligation is to implement BMP's designed to address the NPDES regulated waste load allocation assigned to the permittee to the maximum extent practicable (MEP). The permittee is not responsible for attaining water quality standards (WQS). The Division expects attaining; WQS will only be achieved through reduction from all point and nonpoirtt source contributors identified in the approved TMDL. 2, TMDL Plans a, If the perrrtittee has an existing TMDL Plan designed to address the NPDES MS4 regulated WLA assigned to the permittee, that includes monitoring to evaluate progress, and which addresses the POC through the six minimum control measures; it satisfies the objectives of this Section 1-1. b. The permittee may comply with a Department approved management strategy to address an impairment or TMDL. such as a Nutrient Management Strategy, to satisfy the objectives of this Section FI. C. the permittee may develop and submit, within 24 months, to the Department for approval of an alternative approach, such as an Jrntegrated Report - Category 4(b) watershed plan, to satisfy the objcctives of this Section H. d. For new TMDLs that are not addressed by 1-1.2. a. b, or c above, a "TMDL Plan shall be developed according to 1-1.3 below, and submitted to the Division. Time periods shown arc from the later of the effective date of this permit or the TMDL as approved by EPA, Part 11 Page 14 of 18 1'1_.RMl'r NO. NCS000559 Best Man:tp-etnent Practices (Bi11Ps): BIN]P Measurable Goals a. Identify, describe and Within 12 months the pcnnittee slrall prepare a plan that: map watershed, • identifies the waterslied(s) subject to an approved TMDL with an outfalls, and streams approved Waste Load Allocation (WLAs) assigned to the perrittee; and • Includes a description of the watershcd(s); and • Includes a map of watershed(s) showing streams c& oulf rlls • Identifies the locations of currently known major outfalls within its corporate limits with the potential ot'contributing to the cause(S) of the impairment to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributin', to the impaired segments; and • Includes a schedule (not to exceed G months) to discover and locate other unknown major outfalls within its corporate limits that may be contributing to the cause of the impairment to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. b. Evaluate existing Within 12 months the Permittee's plan: measures • Shall describe existing measures currently being implemented by the Permittee designed to achieve the MS4's NPDES WLA and to reduce the'TMDL pollutant of concern to the MEP within the watershed to which the TMDL. applies; and • Provide an explanation as to how those measures are designed to reduce the "TMDL pollutant of concern. • The Permittee shall continue to implement the existing mcasures Lentil notified by the Division. c. Assessment of Within 24 months the permittee's plan shall include art assessment of available monitoring available monitoring data. Where long-term data is available, this data assessment should include an analysis of the data to show trends. d. Monitoring; Plan Within 24 months the permittee shall develop a Monitoring Plan for the permittec's assigned NPD17S regulated WLA as specified in the TMDL. The permittcc slrall maintain and implement the Monitoring Plan as additional outfalls are identified and as accumulating data may suggest. Following any review and comment by the Division the perznittec shall incorporate any necessary changes to monitoring plan and initiate the plan within ( months, Modifications to the monitoring plan shall be approved by the Division. Upon request, the requirement to develop a Monitoring Plan may be waived by the Division if the existing and proposed measures are determined to be adequate to achieve the MS4's NPDCS WLA to MEP within the watershed to which the TMDL applies. Part I Page 15 of 18 PFRMIT NO. NCS000559 BMP Measurable Goals c. Additional Measures Within 24 months the pennittee's plan shall: • Describe additional measures to be implemented by the pennittee designed to achieve the permittee's MS4's NPDES WLA and to reduce the TMDL. pollutant of concern to the MEP within the watershed to which the TMDL applies', and • Provide an explanation as to how those measures are designed to achieve the penuittee's MS4's NPDES regulated WLA to the MEN within the watershed to which the TMDL applies. f. Implementation Plan Within 48 months the permittee's plan shall: • Describe the pleasures to be implemented within the remainder of the permit term designed to achieve the MS4's NPDES WLA and to reduce the TMDL pollutant of concern to the MEP; and • Identify a schedule, subject to Division approval, for completing the activities. g. Incremental Success The permittee's plan must outline ways to track progress and report successes designed to achieve the MS4's NPDES regulated WLA and to reduce the TMDL pollutant of concern to MEP within the watershed to which the TMDL applies. h. Reporting The permittee shall conduct and submit to the Division an annual assessment of the program designed to achieve the MS4's NPDES WLA and to reduce the TMDL pollutant of concern to the MEP within the watershed to which the TMDL applies. Any monitoring data and information generated from the previous year are to be submitted with each annual report. 4. if no NIS4 NPDES regulated waste load allocation (WLA) is specified in the TMDL At any time during the effective dates of this permit, if a TMDL has bccn approved that does not assign a WLA for the pollutant ofconccrn to the municipal stonriwatcr system, if there was no waste load allocation specified for the POC in the TMDI- assigned to the municipal stonmvater system, in lieu of developing a plan within this permit section, within 24 montlis the Perrnittee shall evaluate strategies and tailor BMP's within the scope of the six minimum permit measures to address the POC in the watershed(s) to which the TMDI. applies, to the MEP and to the extent allowed by law. 5. Information regarding North Carolina TMIDLs Information regarding North Carolina TMI7Ls is available at: htlps:,'Idcq.nc.gov/about/divisionslwater-resources/ )lanningfmodeling-assessment Part 11 Page 16 of 18 PERM IT NO, NCS000559 SECTION I: E1,Ec,rRONiC REPORTING OF REPORTS EGcneral Statute 143-215.1(b)I 1. The final NPDES Electronic Reporting Rule was adopted and became effective oil December 21, 2015. These federal regulations require electronic submittal of'all MS4 program reports by no later than December 21, 2020, and specify that, if a state does not establish a system to receive such submittals, then perrnittees must submit monitoring data and reports electronically to the U.S. Environmental Protection Agency (EPA). This special condition supplements or supersedes the following sections within Part IV of this permit (Rcporlinq and Record Keej)iug Requirements): Paragraph A. Records Paragraph B. Annual Reporting Paragraph G. Report Submittals Starting on December 21, 2020, the perrnittee shall electronically report the Rrlluwing compliance monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part Ill 2., Program Assessment annual report) The perrnittee may seek an electronic reporting waiver frorn the Division (see "Flow to Request a Waiver from Electronic Reporting" section below). 4. Electronic Submissions [Stipp lements Part IV] In accordance with 40 CFR 122.41(I)(9), the perrnittee must identify the initial recipient at the time of each electronic submission. The perrnittee should use EPA's website resources to identify the initial recipient for electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement the NPI)ES program) that is the designated entity for receiving electronic NPDES data [sec 40 CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial recipient for electronic MS4 Program Reports. CPA plans to establish a wcbsitc that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting Rule information is found at: litills://www.ei)a. =ova, Icompliancelfinal-national-polltrtant- _stcm-nmetes-e l ectron i c-repo rt in g-rule dischart,c,-elimittatron-sy, _ Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. The permittec must electronically submit MS4 annual program reports no later than October') I" following the completed reporting; period, The permittec must sign and certify all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part II Page 17 of 19 PERMIT NO. NCS000559 How to Request a Waiver front Electronic Reporting; The permitlee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting; waiver, a pennittee n'ust first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring; data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring; data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: lit(p://deq,ne.gov/abotit!dii,isioiis/watei--i,e-,ources/ediiir 6. Records Retention I Supplements Part IV] The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122,41]. Part l I Page 18 of 18 PERMIT NO. NCSOOOS59 PART III PROGRAM ASSESSMENT A. Implementation of the Stormwater Plan will include documentation of ali program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. Documentation will be kept on -file by the permittee fora period of five years and made available to the Director or his authorized representativc upon request. B. The permittee shall review and update its Stoinnwater Plan will be reviewed and updated as necessary, but at ]cast on an annual basis, to identify modifications and improvements needed to maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall develop and implement a plan and schedule to address the identified modifications and improvements. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph G (3) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request that the permiuec provide the Division with additional reporting information as necessary to evaluate the progress and results of the permiltce's Stormwater Plan. Part 111 Page i of I PERMIT NO. NCS000559 PARTIV REPORTING AND RECORD KEEPING REQUIRENIEN,rS A. Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director. B. Annual Reporting The permmittee must submit annual reports to the Department by October 31 st of each calendar year and cover the previous fiscal year's activities from July 1" to June 30"' of the permittee's fiscal year. Annual reports that include appropriate information to accurately describe the progress, status, and results of the pernmittee's Stormwater Plan and will include, but is not limited to, the following components: a. The permittee will give a detailed description of the status of irnpJcnmcntatiorm of the Stormwater Plan. This will include information on development and implementation of each major component of the Stormwater Plan for the past year and schedules and plans for the year following each report. b. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stonnwater Plan (results, effectiveness, implementation schedule, etc.). C. The permittee will document any necessary changes to programs or practices for assessment of nmanagenment measures implemented through the Stormwater Plan. d. The permmittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates. C. The annual report shall include an assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and enforcement actions. F. Discussion of program funding. Reports submitted to satisfy other State Stormwater Reporting requirenments satisfy the annual reporting requirements of this permit to time extent that the reports satisfy Part IV. B. I above and Part 11 Section I, Clectronic Reporting of this permit. Completion and submittal of the reporting information contained within the online RIMS Stormwater Management Program Assessment (SMPA) satisfy Part IV. B.I above and Part II Section I, Electronic Reporting of this permit through 2020. Posting the results on the permittee website of the assessment process as established by the Stormwater Association of North Carolina (SWANC), NC APWA and their partners as conducted by another local goverment, a third party, or a self -assessment, satisfy Part IV.B.I above. Part 1V Page I of 3 Pl-RM1T NO. NCS000559 C. Twenty-four Hoar Reporting The permittee shall report to the Division any noncompliance that may constitute an imminent threat to health or the cm irontrient. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes, the period of noncompliance and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. D. Additional Reporting In order to properly characterize the permittee's MS4 discharges or to assess compliance with this permit, the Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. E. Other information Where the permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. F. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan, or where the modification could significantly change the timefi-ame for implementation of parts of the progrram or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. G. Report Submittals All reports required herein, not submitted electronically shall be submitted to the following address: Department of Environmental Quality DI -'-MLR — Stormwater Program 512 N. Salisbury Strect 1612 Mail Service Center Raleigh, North Carolina 27699-1612 2. All applications, reports, or information., other than those submitted electronically, shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: The authorization is made in writing by a principal executive officer or ranking elected official: Part 1V Page 2 of 3 PERMIT NO. NCS000559 b. The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for cnvironniental/stornnvater matters; and C. The written authorization is submitted to the Director. Any person signing a document under paragraphs (a) or (b) ofthis section shall make the following; certification: "I certify, tinder penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly bather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of illy knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 3 of 3 PERMIT NO. NCS000559 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY Duty to Comply The perm iIlee shall comply with .ilI conch(Ions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; fear permit termination, revocation and reissuanee, or modification; or denial of permit coverage upon renewal application. The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requireincnt. b. 'The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the inaximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,300 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of S2,500 to $25,000 per day of violation, or imprisonment flor not. more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of S5,000 to S50.000 per day oh violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed S16.000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.4 ] (a).] Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. jRef`. North Carolina General Statutes 143-215.6Aj Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308. 318 or 405 of this Act, orally permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class violations are not to exceed the maximum arnounts authorized by Section 309(g)(2)(A) ill' the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. �3701 note) (currently SI 1,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.G. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently S 1 1,000 per day for each day during which the violation Continues, with the maximum amount of any Class I I penalty not to exceed S 137,500), Part V Page i of 4 PERMIT NO. NCS000559 2. Duty to Mitigate The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties Ibr noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal. Act, 33 USC 1 319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, the or penalties to which permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 31 1 of the Federal Act, 33 USC 1321. Furthermore, the permittce is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended, 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provisioa of this permit to any circumstances, is held invalid. the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 7. Duty to Provide information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tarnpering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this pen -nit shall, upon conviction, be punished by a fine of not.tnore than 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 4 PERMIT NO. NCS000559 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained ►alder this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 pet - violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 11. Duty to Reapply The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit a permit renewal application and fees as are required no later than 180 days prior to the expiration date of this permit. Any permittee that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subject to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a review of the Stornnvater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented over the future permitting time period. SECTION B: OPERATION AND NIAiNTH NANCE of POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control {and related appurtenances} which are owned and/or operated by the pertrtittec to achieve compliance with the conditions of this perniit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures, when necessary. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve cuenpliance with the conditions of the permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance Nvith the condition of this permit, Part V Page 3 of 4 PI-RM IT NO, NCS000559 SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORT'S 1. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; Enter upon the permittee's premises where a regulated facility' or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location under the control of the permittee, 2. Availability of Reports Except for data determined to be confidential under NCGS 143-2153(a)(2) or Section 308 of the Federal Act, 33 USC 1319, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of E-nergy, Mineral, and Land Resources. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 4 of 4 PI3RMIT NO. NCS000559 PART VI LIMITATIONS REOPENER 'ihe issuance of this permit does not prollibit the Director from reopening and modifying the hermit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143-215.1 et. al. PART VII ADMINISTERING AND COMPLIANCE ]MONITORING FEE REQU1REINTENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VI & VII Page I of 1 PC_.RMIT NO. NCS000559 PART Vlll DEFINITIONS Act See Clean Water .Act. 2. Best Manwwment Practice (13MP) Measures or practices used to reduce the amount ofpollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning. See also Non-structural BXIP and SCM. 3. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in General Statute 143-214.7., that is effective on the date that a project is received by the permittce for post -construction site runoff controls review. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended. 33 USC 1251, et. seq. 5. Common Plan of Development "Common plan of development" mcans a site ",here multiple separate and distinct development activities may be taking place at different times on different schedules but governed by a single development plan regardless ofownership of the parcels. Information that may be used to determine a "common plan of development" include plats, blueprints, marketing plans, contracts, building pcnnits, public notices or hearings, zoning requests, and infrastructure development plans. 6. Department (NCDEQ) Department mcans the North Carolina Department of Environmental Quality. 7. Division (DEMLR) The Division ol' Encrgy, Mineral, and Land Resources, Department of Environmental Quality, 8. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. Part Vill Page 1 of 6 PERM NO_ NCS000559 10, Illicit Discliarge Any discharge to a MS4 that is not composed entirely ofstorntwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stortnwater discharges, and discharges resulting from fire -fighting activities. 1 1 . Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122,26. 12. Large or Medium Municipal Separate Storm Sewer System All municipal separate storm sewers that are either: (a) Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or (b) Located in the counties with unincorporated urbanized populations of' 100,000 or more, except municipal separate storm sewers located in the incorporated places, townships or towns within such counties; or (c) Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of (lie large or medium separate storm sewer system. 13. Major municipal separate storm sewer outiall (or "major outfall") Major municipal separate stoma sewer outfall (or "major outiall") means a municipal separate storm sewer oull'all that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). 14. MEP MEP is defined in the Federal Register-(U.S. EPA, 1999, p. 68754). This document says that "Compliance with the conditions of the general permit and the series of steps associated with identification and implementation of the minimum control measures will satisfy the MEP standard." Minimum control measures are defined in the Federal Regisler as (1) public education and outreach, (2) public pailicipation/involvement, (3) illicit discharge detection and elimination, (4) construction site runoff control, (5) post - construction runoff control, and (6) pollution prevention/good housekeeping. 15. Minimum Design Criteria (Iy1DC) "Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H .1050 through 15A NCAC 021-1 .1062 for siting, site preparation, design and construction, and post -construction monitoring and evaluation necessary for the Department to issue stormwater Part VII I Page 2 of 6 PI'RMIT NO. NCS000559 permits that comply with State water quality standards adopted pursuant to General Statute 143- 214.1, 16. Municipal Separate Storm Sewer System (,%4S4) Pursuanl to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the United States, a State, city, town, county, district, association. or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; and (d) Which is not part ofa Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 17. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittce shall address if it identifies them as significant contributors of pollutants to the storm sewer system: waterline flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], Uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, Cooling drains, lawn watering, individual residential car washing, charity car washing, flows from riparian habitats and wetlands, dechlorinated swimtning pool discharges, and street wash water (discharges or flows from firefighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 18. Non-structural i3MP Non -Structural 13MPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing; the. percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source Part Vill Page 3 of 6 PERMIT NO. NCS000559 control measures ofien thought of as good housekeeping:, preventive maintenance and spill prevention. 19. Outfall Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Storm ater Any discernible, confined and discrete conveyance including;, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which storinwater is or may be discharged to waters of the state. 22. Redevelopment "Redevelopment" means any land -disturbing activity that does not result in a net increase in built -upon area and that provides greater or equal stormwater control than the previous development. 23. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again ,vithin the next 10 hours. 24. Sensitive Waters "Sensitive Waters" has the saute meaning as in 15A NCAC 0211 .0150(6). Sensitive waters include: waters classified as HQW, ORW, SA, Tr, or NSW, waters occupied or designated as critical habitat for aquatic animal species listed as federal threatened or endangered, or impaired waters. 25. Six Minimum Measures. or Six Minimum Control Measures As defined in 40 CFR §I22.34(b). They are Public Education and Outreach, Public Involvement/Participation, Illicit Discharge Detection and Elimination, Construction Site Runoff Controls, Post -Construction Runoff Controls, and Pollution Prevention and Good Housekeeping for Municipal Operations. 26. Splash -pad (spray ground Part Vlll Page 4 of 6 PERMIT NO. NCS000559 An outdoor play area with sprinklers, fountains, nozzles, and other devices or structures that spray water. 27. Storm Sewer Systcm Is a conveyance or system of conveyances which arc designed or used to collect or convey stormwater runoff that is not part of a comhined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, Hain -made channels or storm drains that convey stormwater runoff. 28. Stormwater Associated with Industrial Activity The discharge from any point source ,which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to he engaged in "industrial activities" include those activities defined in 40 CFR I22.26(b)(l4), The term does not include discharges from facilities or activities excluded from the NPD> S program. 29. Stommiter Control Measures (SCM) As defined in 15A NCAC 02H .1002, also known as Best Management Practice (BMP), a permanent structural device that is designed, constructed and maintained to remove pollutants I rom stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater or a combination thereof. 30. Stormwater Management. Prograrl7 (SIA7MP) The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase 11 regulations to be developed by MS4 permiuees. 31, Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of the permittec's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 32, Stormwater Runoff Thu flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. Part Vill Page 5 of 6 PERM IT NO. NCS000559 33. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL, programs. Part VIII Page 6 of 6 North Carolina Beverly Eaves Perdue Governor Town of Clayton M: w� 0 '�� NCDENR Department of Environment and Natural Resources R Steven Biggs, Town Manager P.O. Box 879 Clayton, North Carolina 27528 Division of Water Quality .Charles Wakild, P. B, Director November 19, 2012 Subject: NPDES Permit Number NCS000559 Dear Mr. Biggs: Dee Freeman Secretary ) NOV Z 6 2012 ! .i ! t� i NC 0ENR Raleigh Regional 000 In accordance with your application for a stormwater discharge permit received on January 30, 2012, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter I SOB of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be Final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919-807-6374 or mike.randall@ncdenr.gov. Sincerely, for Charles Waki d, cc: Mike Mitchell, EPA Region IV Stormwater and General Permit Unit Files DWQ Raleigh Regional Office We;.@As a;:J Stcmiwal-:j Branch 1rr17'.1?+I C ivir,a Cen'E;, K81dir.11 h10111 C,iinlinFi 27e99 617 X 16on 51)11 4.'s2Ury 31 Raleigh. P;jrth ?ro1in;:'tJ1''0: n , t: 011 C No1-thCarolina • • STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000559 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Clayton is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Clayton's jurisdictional area to receiving waters of the State, Big Arm Creek, Little Creek, Marks Creek, and Neuse River, within the Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and V111 hereof. This permit shall become effective December 1, 2012 This permit and the authorization to discharge shall expire at midnight on November 30, 2017. Signed this day, November 15, 2012. for Charles Wakild, P. E.,, Director Division of Water Quality By the Authority of the Environmental Management Commission 0 0 Q:=� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. R. Steven Biggs, Town Manager Town of Clayton Post Office Box 879 Clayton, North Carolina 27520 Dear Mr. Biggs: Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary March 15, 2010 Subject: NPDES Permit Issuance Little Creek Water Reclamation Facility Permit No. NCO025453 Johnston County In accordance with the application for discharge permit received and after considering comments received at the September 2009 public hearing, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The Division held the public hearing to take comments on the draft permits for Clayton -Little Creek Water Reclamation Facility (NC0025453), DuPont -Kinston (NC0003760), and Johnston County (NC0030716). The central issue at the hearing was the upstream transfer of nitrogen allocations from UNIFI/ DuPont to Clayton and Johnston County. Comments relevant to the Division's water quality programs, but not directly related to the permits, were also received. The hearing officers have worked diligently to ensure that these issues are addressed appropriately, and we regret the delay in taking final action on these permits. The hearing officers recently submitted their findings and recommendations to the Director for final action, and the Director has concurred with their report. The following recommendations apply to Clayton's permit and have been incorporated: 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Rhone: 919-807-63001 FAX: 919-807.6492 l Customer Service: 1-877-623-6748 nlernet: www.ncwaterquality,org An Equal Opportunity 1 Affirmative Anon Employer t --- y MAR 2 9 28M ..1 One NorthCarolina ;Vatitrally • The Total Nitrogen limits in the three permits are modified as proposed to implement nitrogen transfers among the dischargers. The new limits are effective for calendar year 2010, also as proposed. The final permit authorizes the Town of Clayton to discharge treated municipal wastewater from the Little Creek Water Reclamation Facility to the Neuse River, a class WS-IV NSW CA water in the Neuse River Basin. The permit includes discharge limitations or monitoring for flow, total suspended solids (TSS), BOD5, ammonia nitrogen, dissolved oxygen, total residual chlorine, fecal coliform, total nitrogen, total phosphorus, copper, zinc, and chronic toxicity. The following procedure has been implemented by DWQ: Total residual chlorine (TRC) compliance level changed to 50 ug/L Effective March 1, 2008, the Division received EPA approval to allow a 50ug/L TRC compliance level. This change is due to analytical difficulties with TRC measurements. Facilities will still be required to report actual results on their monthly discharge monitoring report (DMR) submittals, but for compliance purposes, all TRC values below 50 ug/L will be treated as zero. Additional language regarding this change has been added to footnote 4. on the effluent limitations page. The following modifications in the August 12, 2009 draft permit remain in the final permit. The total nitrogen discharge limit increased to 22,832 lb/year, reflecting the transfer of 3,290 lb/year of discharge allocation from DuPont — Kinston (formerly UNIFI). At the request of the Town of Clayton,1,432 lb/year of the discharge allocation was added to the current 21,4001/year load (totaling 22,832 lb/year), The remaining 1,858 lb/year will be placed in reserve in the Town's permit. The change in the TN limit would become effective on January 1, 2010, that is, at the beginning of the upcoming calendar year. Please note Condition A. (4). Total Nitrogen Allocations in the permit for clarification. ■ Monthly monitoring for silver has been removed from the permit. Based on the results of a reasonable potential analysis, it was determined that there was no reasonable potential for the discharge to exceed the water quality action level standard instream. There are language changes in Condition A. (5). Chronic Toxicity Permit Limit. There are some minor additions on DWQ forms to be submitted and clarification on reporting pollutant data on the discharge monitoring report and AT forms. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. The Division may require modification revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits may be required. M f� If you have any questions or need additional information, please contact Jacquelyn Nowell at telephone number (919) 807-6386. Sinc y, o een I -I. Sullin Enclosure: Final permit, NC0025453 cc: Mr. James Warren, Town of Clayton (via email) Mr. Haywood Phthisic, Executive Officer, NRCA (via email) Raleigh Regional Office/Surface Water Protection Section (via email) EPA Region IV (via email) PERCS/Attu: Monti Hassan (via email) Aquatic Toxicity Unit (via email) NPDES File/NC0025453 n L! Permit No..NC0025453 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Water Quality Commission, and the Federal Water Pollution Control Act, as amended, Town of Clayton Little Creek Water Reclamation Facility is hereby authorized to discharge municipal wastewater from a facility located at Little Creek Water Reclamation Facility On Durham Street Extension Clayton Johnston County to receiving waters designated as the Neuse River in the Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1. II, III, and IV hereof. This permit shall become effective ................ April 1, 2010. "Phis permit and the authorization to discharge shall expire at midnight on ............... March 31, 2013. Signed this day ............................................ March 15, 2010. L Coleen 1-1. Sullins, rector Division of Water Quality By the Authority of the Environmental Management Commission Clavton W\VTP NPDFS No. NC0025,15; 1 L r- 0 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance. any previously issued permit bearing this number is no longer effective. Therefore. the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Town of Clayton Little Creek Water Reclamation Facility is hereby authorized to: 1. Continue to operate 2.5 MGD wastewater treatment facility consisting of: • mechanical screening and grit removal system, ■ influent pump station, ■ a 214,500 gallon anaerobic basin. ■ a 300.000 gallon anoxic tank, ■ oxidation basin No. 2, ■ a 200,000 gallon anoxic tank • oxidation basin No. 1, ■ three (3) secondary clarifiers, ■ two tertiary filters, ■ ultraviolet disinfection with back-up chlorination/dechlorination, ■ one 90,000 gallon aerated digester/sludge stabilization tank, ■ one 360,000 gallon sludge holding tank. ■ sludge loading station, • sludge thickening building with rotary drum thickener ■ non -potable water system using reclaimed treated wastewater ■ reclaimed water pump station Facility is located at the Little Creek Water Reclamation Facility, Durham Street Extension, Clayton, Johnston County, and 2. Discharge wastewater from said treatment works at the location specified on the attached map into the Neuse River, which is classified WSAV NSW CA waters, in Neuse River Basin. Town of Clayton NPDES No. NCO025453 2 �J A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of the permit and lasting until expiration, the Perrnittee is authorized to discharge up to 2.5 MGD of municipal wastewater from outfall 001. Such. discharges shall be limited and monitored by the Permittee asspecified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Locations Flow 2.5 MGD Continuous RecordingInfluent or Effluent BOD, 5 day (202C)2 [April 1 —October 31] 5.0 mglL 7.5 mglL Daily Composite influent & Effluent BOD, 5 day (202C)2 [November 1 — March 31] 10.0 mg1L 15.0 mg/L Daily Composite Influent & Effluent Total Suspended Solids2 30.0 mglL 45.0 mg1L Daily Composite Influent & Effluent NH3 as N [April 1 — October 31 ] 1.0 mglL 3.0 mglL Daily Composite Effluent NH3 as N [Nov 1 — March 311 2.0 mg1L 6.0 mg1L Daily Composite Effluent Dissolved Oxygen3 Daily Grab Effluent Dissolved Oxygen 3/Week Grab Upstream & Downstream Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Daily Grab Effluent Fecal Coliform (geometric mean) 3Meek Grab Upstream & Downstream Total Residual Chlorine4 28 pxA Daily Grab Effluent TKN (mg1L) Monitor & Report Weekly Composite Effluent NO2-N + NO3-N (mglL) Monitor & Report Weekly Composite Effluent TN (mglL)5 Monitor & Report Weekly Composite Effluent Total Monthly Flow (MG) Monitor & Report Monthly Calculated Effluent TN Load6 Monitor & Report 22,832lb1yr (effective 1/1/2010) Monthly Annually Calculated Calculated Effluent Effluent Total Phosphorus 8 2.0 mg/L (Quarterly Average) Weekly Composite Etiluent Temperature (4C) Daily Grab Effluent Temperature (°C) 3/Week Grab Upstream & Downstream Conductivity Daily Grab Effluent Conductivity 3/Week Grab Upstream & Dowrstream Chronic Toxicity9 Quarterly Composite Effluent Total Copper Monthly Composite Effluent Total Zinc Monthly Camposite Effluent pH10 Daily Grab Efflueni (Footnotes on next page) 'l,own of Clavton NPDES No. NCO025453 3 0 0 A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL (Continued) Footnotes: Sample locations: E - Effluent, I - Influent. U - Upstream at NCSR 1700, D - Downstream at (1) NC Highway 42 and (2) NCSR 1908. Stream samples shall be grab samples and shall be collected 3/Week during June - September and 1 /Week during the remaining months of the year. Instream monitoring is provisionally waived in light of the permittee's participation in the Lower Neuse Basin Association. Instream monitoring shall be conducted as stated in this permit should the perm ittee end its participation in the Association. Per 15A NCAC 213 .0505(c)(4), stream sampling (as well as influent/effluent sampling) may be discontinued when flow conditions could result in injury or death of the person(s) collecting the samples. In such cases, on each day that sampling is discontinued, written justification shall be specified in the monitoring report for the month in which the event occurred. 2. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 4. Total residual chlorine is required only if chlorine is used as a disinfectant for elsewhere in the process). The Division shall consider all effluent total residual chlorine values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 Ag/L. 5. For a given wastewater sample, TN = TKN + NO2-N + NO3-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen and NO2-N and NO3-N are Nitrate and Nitrite Nitrogen. respectively. 6. TN Load is the mass load of TN discharged by the Permittee in a period of time. See Special Condition A. (2.), Calculation of TN Loads. 7. Compliance with these limits shall be determined in accordance with Special Condition A. (3.), Annual Limits for Total Nitrogen. 8. The quarterly average for total phosphorus shall be the average of composite samples collected weekly during the calendar quarter (January -March, April -June, July -September, October -December). 9. Chronic Toxicity (Ceriodaphnia dubia) P/F at 2.0 %: March, June, September, and December [see Special Condition A.(5)]. Toxicity monitoring shall coincide with metals monitoring. 10. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shah be no discharge of floating solids or visible foam in other than trace amounts. Town of Clavton NPDES No. NCO025453 4 A. (2.) CALCULATION OF TOTAL NITROGEN LOADS a. The Permittee shall calculate monthly and annual TN Loads as follows: i. Monthly TN Load (lb/mo) = TN x TMF x 8.34 where: TN = the average Total Nitrogen concentration (mg/L) of the composite samples collected during the month TMF = the Total Monthly Flow of wastewater discharged during the month (MG/mo) 8.34 = conversion factor, from (mg/L x MG) to pounds H. Annual TN Load (Ib/yr) = Sum of the 12 Monthly TN Loads for the calendar year b. The Permittee shall report monthly Total Nitrogen results (mg/L and lb/mo) in the discharge monitoring report for that month and shall report each year's annual results (lb/yr) in the December report for that year. A. (3.) ANNUAL LIMITS FOR TOTAL NITROGEN a. Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River basin are annual limits and are applied for the calendar year. b. For any given calendar year, the Permittee shall be in compliance with the annual TN Load limit in this Permit if: i. the Permittee's annual TN Load is less than or equal to said limit, or, ii. the Permittee is a Co-Permittee Member of a compliance association. c. The TN Load limit in this Permit (if any) may be modified as the result of allowable changes in the Permittee's TN allocation. i. Allowable changes include those resulting from purchase of TN allocation from the Wetlands Restoration Fund: purchase, sale, trade, or lease of allocation between the Permittee and other dischargers: regionalization; and other transactions approved by the Division. ii. The Permittee may request a modification of the TN Load limit in this Permit to reflect allowable changes in its TN allocation. Upon receipt of timely and proper application, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. iii. Changes in TN limits become effective on January 1 of the year following permit modification. The Division must receive application no later than August 31 for changes proposed for the following calendar year. iv. Application shall be sent to: NCDWQ / NPDES Unit Attn: Neuse River Basin Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 Town of Clayton NPDES No. NCO025453 5 If the Permittee is a member and co-permittee of an approved compliance association, its TN discharge during that year is governed by that association's group NPDES permit and the TN limits therein. i. The Permittee shall be considered a Co-Permittee Member for any given calendar year in which it is identified as such in Appendix A of the association's group NPDES permit. ii. Association roster(s) and members' TN allocations will be updated annually and in accordance with state and federal program requirements. iii. If the Permittee intends to join or leave a compliance association, the Division must be notified of the proposed action in accordance with the procedures defined in the association's NPDES permit. (1) Upon receipt of timely and proper notification, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (2) Membership changes in a compliance association become effective on January 1 of the year following modification of the association's permit. e. The IN monitoring and reporting requirements in this Permit remain in effect until expiration of this Permit and are not affected by the Pennittee's membership in a compliance association. A. (4.) TOTAL NITROGEN ALLOCATIONS a. The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or transferred to the Permittee in accordance with the Neuse River nutrient management rule (T15A NCAC 0213 .0234) and the status of each as of permit issuance. For compliance purposes, this table does not supersede any TN limit(s) established elsewhere in this permit or in the NPDES permit of a compliance association of which the Permittee is a Co- Permittee Member. ALLOCATION ALLOCATION AMOUNT 11) TYPE DATE STATUS Estuary Estuary (Ibtyr) Discharge (Ibtyr) Base Assigned by Rule 1217197; 10,700 21,400 Active (T15A NCAC 02B .0234) 4I1I03 Supplemental Purchased from 715106 3,668 7,336 Reserve South Granville WSA (NC0026824) Supplemental Purchased from 8/30/2007 1,645 3,290 Mixed UNIFI-Kinston 716 1,432 Active (NC0003760) 929 1,858 Reserve TOTAL 16,013 32,026 Mixed 11,416 22,832 Active 4,597 9,194 Reserve Footnote: (1) Transport Factor = 50% b. Any addition, deletion, or modification of the listed allocations (other than typographical errors) or any change in status of any of the listed allocations shall be considered a major modification of this permit and shall be subject to the public review process afforded such modifications under state and federal rules. Town of Clayton NPDES No. NCO025453 6 A. (5.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubfa at an effluent concentration of 2.0 %. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodapluita Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. '1'he tests will be performed during the months of March, June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed. if reporting pass/fail results using the parameter code TGP3B, DWQ Form AT-1 (original) is sent to the below address. If reporting Chronic Value results using the parameter code THP313, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be tiled with the Environmental Sciences Section no later than 30 days after' the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. 'Elie report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this pennit may be re -opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit. the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all Nl' Forms submitted. Town of Clayton NPDES No. NC0025453 7 0 o NOTE: Failure to achieve test conditions as specified in the cited document. such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (6.) EFFLUENT POLLUTANT SCAN '[be per -ittee shall perform an annual pollutant scan of its treated effluent for the following parameters: Ammonia (as N) Trans-1,2-dichloroethylene His (2-chloroethyl) ether Chlorine (total residual, TRC) 1, 1 -dichloroethylene His (2-chloroisopropyl) ether Dissolved oxygen 1,2-dichtoropropane His (2-ethylhexyl) phthalate Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether Total Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate Oil and grease Methyl bromide 2-chloronaphthalene Total Phosphorus Methyl chloride 4-chloroplienyl phenyl ether Total dissolved solids Methylene chloride Chrysene 1-lardness 1,1,2,2 tetrachloroethartc Di-n-butyl phthalate Antimony Tetrachloroethylene Di-n-octyl phthalate Arsenic Toluene Dibenzo(a,h)anthracene Beryllium 1. 1. 1 -trichloroethane 1,2-dlchlorobenzene Cadmium 1,1,2-trichloroetliane 1,3-dichlorobenzene Chromium Triehloroe thylene 1,4-dichlorobenzene Copper Vinyl chloride 3,3-dichloroberizidine Lead Acid-extrnctable compounds; Diethyl phthalate Mercury P-chloro-m-cresol Dimethyl phthalate Nickel 2-chlorophenol 2,4-dinitrotoluene Selenium 2,4-dichlorophenol 2,6-dlnitrotoluene silver 2,4-dimethylphenol 1, 2-diphe nylhydrazine Thallium 4,6-dinitro-o-cresol Fluoranthene Zinc 2,4-dinitrophenol Fluorene Cyanide 2-nitrophenol Hexachlorobenzene Total phenolic compounds 4-nitrophenol Hexachlorobutadiene Volatile organic compounds: Pentachlorophenol Hexachlorocyclo-pentadiene Acrolein Phenol Hexachloroethanc Acrylonluile 2,4,6-trichlorophenol Indeno(1,2,3-cd)pyrene Benzene Base -neutral compounds: Isophorone Bromofonu Acenaphthene Naphthalene Carbon tetrachloride Acenaphthylene Nitrobenzene Chlorobenzene Anthracene N-nitrosodi-n-propylarnme Chlorodibromomethane Benzidine N-nitrosodimethylamine Chloroethane Benzo(a)anthracene N-nitrosodiphenylamine 2-chloroethylvinvl ether Benzo(a)pyre ne Phenanthrene Chloroform 3A ben2ofluorantliene Pvrene Diehlorobromomethane Benzo(ghilperylene 1.2.4-trichlorobenzene 1,1-dieMoroetharie Benzo(Ic)flu oranthene 1,2-dichloroethane His (2-chloroethoxv) methane I. The total set of samples analyzed during the current term of the permit must be representative of seasonal variations. 2. Samples shall be collected and analyzed in accordance with analytical methods approved under 40 C>A R Part 136. 3. Unless indicated otherwise, metals must be analyzed and reported as total recoverable. Town of Clayton NPDES No. NCO025453 8 u 4. 'Pest results shall be reported to the Division in DWQ Form- DMR-PPA1 or in a form approved by the Director, within 90 days of sampling. Two copies of the report, shall be submitted along with the DMRs to the following address: Division of Water Quality, Surface Water Protection Section, Central Files, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. Town of Clayton NPDES No. NCO025453 9 NPD S Permit Standard Conditions Page l of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2 Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B Y as The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dad The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period -with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 712009 0 DI NPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Dischar e The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. F MC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = I. Version 712009 ® NPD*Permit Standard Conditions Pale 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). _Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. M-Qnthly Average concentration limit The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authoritv The Director of the Division of Water Quality. Quarterly Average (concentration limits The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant fisted as toxic under Section 307(a)(1) of the CWA. —Se t An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for pertrit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 712009 0 0 NPDES Permit Standard Conditions Pagc 4 of 18 b. The C%VA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)1 c. The CWA provides that any person who negligenlly violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(13)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit, [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $10,000 per day for each day during which th'e violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part IL C. 4), "Upsets" (mart I1. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS t43-215.3, 143-215.6 or Section 309 Version 712009 NPDES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the Perrruttee is responsible for consequential damages, such as Fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permttee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. G. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this .permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. SigLiatoQLRequirernents All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 712009 NPDES Permit Standard Conditions Page G of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.' 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification. Revocation and Reissuance_ or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Tide 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee,Rcquirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 712009 ® NPDPS Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls Certified 0129rator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC. 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G,0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into anew system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 712009 ® NPDES Permit Standard Conditions Page 8of18 1'he Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass {l} Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to -the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. U12sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is Final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part 11. E. 6. (b) of this permit. (4) "Ihe Permittee complied with any remedial measures required under Part 11. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter back -wash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 712009 NPD� Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503, The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 0)]. 2. Reporting, Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR I, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.. 4. Test Procedures* Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3905 or hr.tp://h2c_>.enr.st.ate.nc.u�/lab/ccrt.hnn} for information regarding laboratory certifications. Version 7/2009 a a NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for `Pampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Eccords Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least Five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. RecQrding Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Inspection and Ent The Pertittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 712009 NPITS Permit Standard Conditions Pagc: 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements I. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CPR 122.41 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (I). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (I) (3)1. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part I1. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. 'Twenty-four Hour Reporting a. The Permittee shall report to the Director, or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. Version 712009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this pernut at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. Noncompliance Notification The Pemiittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports �`" Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The C%VA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a Fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. _Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 712009 NPDR Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facilitywith the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (l mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L} for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific. measures during deactivation of the system to prevent Version 7/2009 ONPDES Permit Standard Conditions l'agc: 14 of 18 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) O and (j)] Interference Inhibition or disruption of the P0T%V treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTNV's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTNVs. NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (20'M A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "5ignificant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary-, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POT -NV treatment plant or more than 5 percent of the maximum allowable headworks loading of the P011V treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POT%V's operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the PO'IAVs sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All P01-Ws are required to prevent the introduction of pollutants into the POT1rV which will interfere with the operation of the PO'INV, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21 All POTi%Vs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 712009 0 NPD0 Permit Standard Conditions Page 15 of 18 I. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that PO'T%V at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 214.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the PO`I%V resulting in Interference, but in no case heat in such quantities that the temperature at the POTAV 'Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POINV in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the WW IT, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the VAVIFP. The Permittee shall report such discharges into the WVVTP to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5.days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates Version 712009 NPDES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements fisted in Part I of this permit, it may be necessary for the Permittce to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as --amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittec shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (2)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POT-%V Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 21-1.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)] The Pernuttee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. Sewer Use Ordinance (SUO] The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (0 (1) and 403.9 (1), (2)] 2. Industrial Waste Survey aWS) The perrnittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (0 (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POINV by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part_ 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H,0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a FIWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Version 712009 0 NPDI&ermit Standard Conditions Page 17 of 18 Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Pernttee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local limits to implement the prohibitions listed in 40 CFR 4035 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Pern ittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization o Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit OUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. P TW Inspection & Monitoring of their IUs The Pemvttee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H ,0908(d); 40 CFR 403.8(f)(2)(v)]. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 8. JU Self Monitoring and Reporting The Permittee shall require allindustrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(0(1)(v) and (2)(iii); 40 CFR 122.440)(2)] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth- in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f)(5)] 10. Pretreatment Annual Resorts (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 214 .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 712009 • 0 NPDES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Industrial Users (lUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms_(IDSQ Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (Ills) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a List of Industrial Users (IUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903 b (35)..0908 bU(5) and .0905 and 40 CFR 403.8(O2vii�] 12. Record Keepg The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 712009